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Independence, MO —
The city of Independence and Kidwell Enterprises may have
reached a settlement agreement Friday over eminent domain
dispute on the Little Blue Parkway.
The case, which centered on the value of two parcels of land
the city took in order to build the parkway and connecting
streets, was scheduled to start before a jury Tuesday.
But Independence City Attorney Allen Garner told The
Examiner Friday a settlement had been reached, pending the
signature of all parties.
“We believe we have an agreement,” Garner said. “But we have
to pass a piece of paper back and forth until we get the
signatures.”
Garner said the case has been taken off the court docket for
Tuesday.
He did not disclose the settlement amount.
Independence is plaintiff in the case that dates back to
2007. Kidwell Enterprises filed in August of last year two
separate exceptions to rulings by state condemnation
commissioners which awarded damages to Kidwell in the amount
of $351,272 and more than $1.4 million for the respective
parcels of land needed to connect Jackson Drive to the
future Little Blue Parkway.
Kidwell Enterprises believed the value of the land was much
higher, and was reportedly prepared to call appraisers to
testify at the trial who supported their view. Reached
Thursday for comment, before news of the settlement, Kidwell
attorney Tony Gosserand declined to comment on the trial.
“I don’t want to affect the jury pool,” Gosserand said.
The case is the second of two involving the city and
Kidwell.
In the first case, condemnation commissioners in October
awarded Kidwell Enterprises a total of $147,000 for two
parcels of land the city needed to begin work on the 37th
Terrace extension from Jackson Drive to Little Blue Parkway.
In the latest case Independence City Attorney Allen Garner
said the city is acquiring 314,667 square feet of
right-of-way, 169,435 square feet of temporary easement,
215,501 square feet of non-economic remnant and 51,286
square feet of permanent easement. Some of the items
overlap, Garner said.
“In all matters of acquisition the city attempts to
negotiate with property owners,” Garner said of the dispute.
“The only issue going to trial is one of appropriate
compensation for the land needed for the public
improvement.”
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